The Supreme Court of Liberia has dealt a significant setback to former Finance and Development Planning Minister Samuel D. Tweah and four other former officials, rejecting their request for re-argument and affirming that they are not shielded from prosecution in an ongoing criminal case.
The ruling, issued on February 12, reinforces the Court’s December 18, 2025 decision which denied the officials’ petition for a writ of prohibition seeking to stop the criminal proceedings against them.
Former Officials Confront Serious Charges
The petitioners include:
Samuel D. Tweah, former Minister of Finance and Development Planning Cllr. Nyenati Tuan, former Acting Minister of Justice Stanley S. Ford, former Director of the Financial Intelligence Agency (FIA) D. Moses P. Cooper, former FIA Comptroller Jefferson Karmoh, former National Security Advisor
They are facing multiple charges, including economic sabotage, theft of property, money laundering, criminal facilitation, and criminal conspiracy.
The former officials argued that as members of the National Security Council (NSC), which operates under the Office of the President, they were entitled to the same constitutional immunity granted exclusively to the President under Article 61 of the 1986 Constitution.
Court Admits Citation Error, Says It Did Not Affect Outcome
In their petition for re-argument, the officials contended that the Court relied on the wrong provision of the National Security Reform and Intelligence Act of 2011, citing Section 2(g) instead of Section 3(b), which addresses the composition of the NSC.
While the Supreme Court acknowledged the miscitation, it described the error as harmless and immaterial to the substance of its ruling.
Justice Boakai N. Kanneh, delivering the opinion of the Court, stated that even under the correct statutory provision, no law extends constitutional immunity to members of the National Security Council.
“The immunity enjoyed by the President springs from the Constitution and is not transferable to third parties,” the Court declared.
Presidential Immunity Cannot Be Extended
The Court emphasized that the NSC’s administrative placement within the Office of the President does not confer constitutional protection upon its members. Although NSC officials may authorize or oversee expenditures tied to national security, alleged misuse of such funds remains subject to investigation and prosecution.
Reaffirming established principles of statutory interpretation, the Justices noted that courts cannot “add or subtract from legislation where the meaning is plain.”
Re-Argument Not a Platform for Re-Litigation
The Court further clarified that a petition for re-argument is not designed to serve as a second appeal. Such petitions are granted only when it is demonstrated that the Court overlooked a significant fact or controlling point of law, a burden the petitioners failed to meet. Tg As a result, the request for re-argument was denied.
Trial to Move Forward
The Clerk of the Supreme Court has been directed to issue a mandate instructing the lower court to resume jurisdiction and proceed with the trial.
The judgment was signed by Chief Justice Yamie Quiqui Gbeisay, Sr., and Associate Justices Yussif D. Kaba and Boakai N. Kanneh. Associate Justices Jamesetta Howard Wolokolie and Ceaineh D. Clinton-Johnson recused themselves from the matter.
The decision effectively clears the way for the criminal case to continue before the First Judicial Circuit Court, Criminal Assizes “C,” in Montserrado County.
